Five grammar myths debunked ...
10 writing tips for young lawyers—and old ones

The curse of knowledge: the root of incomprehensible writing.

Bryan Garner tells participants in his seminars that good writing makes the reader feel smart, while bad writing makes the reader feel stupid. What is the root of this kind of bad writing? Mark Herrmann has an idea about that, drawn from cognitive scientist Steven Pinker: we think that our readers already know what we are trying to tell them. Pinker calls this phenomenon “the curse of knowledge.”

So what is the cure for this affliction? Herrmann recommends empathy for the reader. “Put yourself in the reader’s state of ignorance,¨ he counsels, “and write for that audience.” Pinker suggests testing your draft on people who don’t already know what you’re trying to tell them:

A better way to exorcise the curse of knowledge is to close the loop, as the engineers say, and get a feedback signal from the world of readers—that is, show a draft to some people who are similar to your intended audience and find out whether they can follow it. Social psychologists have found that we are overconfident, sometimes to the point of delusion, about our ability to infer what other people think, even the people who are closest to us. Only when we ask those people do we discover that what’s obvious to us isn’t obvious to them.

Garner has a similar recommendation in The Winning Brief, at least for cases where the amount at stake is worth the expense: Convene a focus group of lawyers unfamiliar with the case to play the part of appellate judges by reading and reacting to your draft brief. This exercise has many benefits. One of them is to tell you whether the curse of knowledge has infected your brief.

(Cross-posted on Louisiana Civil Appeals.)

Comments

Rick Dunstan

I noticed a simple typo that you will want to correct; second paragraph, last sentence; "...testing your draft 'one'..." should be "on."

Easy to overlook.

Thank you for an informative and engaging site. You are part of my morning "must-read" ritual.

[Note: Please do not publish my comments relative to the correction. I will leave it up to your discretion whether or not to publish the remainder.]

Regards.

Ray Ward

Thanks, Rick. I will delete your comment and mine if you want me to. But I have no problem acknowledging my typos or a friendly nudge that a post has a typo. No one is perfect, especially as a self-editor (which all bloggers are).

Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Working...
Your comment could not be posted. Error type:
Your comment has been saved. Comments are moderated and will not appear until approved by the author. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.

Working...

Post a comment

Comments are moderated, and will not appear until the author has approved them.

Your Information

(Name is required. Email address will not be displayed with the comment.)